Christopher Damien Capello v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00553-CR Christopher Damien Capello, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT NO. 2003-169, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING MEMORANDUM OPINION The jury convicted appellant Christopher Damien Capello of the third-degree felony offense of Assault—Family Violence. See

Tex. Pen. Code Ann. § 22.01(b)(2) (West Supp. 2005). Punishment was assessed at twenty years’ confinement and a $5,000 fine. In five issues on appeal, Capello asserts that the district court…